HANUMA NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed under Sec. 397(1) R/w Sec. 401 of the Code of Criminal Procedure (for short, hereinafter referred to as ' Cr.P.C .') challenging the judgment of conviction passed by the Senior Civil Judge and JMFC., Kudligi in C.C.No.166/2013 dtd. 20/1/2015 for the offences punishable under Ss. 457, 380 R/w Sec. 201 of IPC and confirmed in Crl.A.No.5034/2015 dtd. 28/1/2016 on the file of III Additional District and Sessions Judge, Ballari sitting at Hospete.

(2.) For the sake of convenience, parties herein are referred with the original ranks occupied by them before the Court.

(3.) The brief factual matrix leading to the case are that, on 2/7/2013 at Basaveshwara Nagar, Kottur between 11.15 a.m. to 12.15 p.m. both the accused have committed lurking house trespass in the house belonging to the complainant by breaking open the main door which is used for human dwelling in order to commit theft from the said house. It is also alleged that, thereafter they have trespassed in the house and committed the theft of golden and silver ornaments from Godrej Almirah weighting about 146.05 Grams of gold and 520 Grams of silver and fled on two wheeler. It is also alleged that, thereafter they went to SBI ATM booth and drawn an amount of Rs.3,000.00 by using the Card of the complainant and also by using other ATM Cards of CW.16 and CW.10 drawn Rs.1,000.00 and Rs.2,000.00 respectively and thereby they committed theft of amount by misusing these ATM Cards of CW.1, 10, 15 and 16. On the basis of the complaint, the investigating officer registered the crime and under took investigation. The accused were arrested in a different case and on interrogation they revealed their involvement in this case and their presence was secured on body warrant and recovery was also done in the said case. Then the investigating officer filed charge sheet. Subsequently, the charge was framed under Sec. 454 and 380 R/w 34 of IPC against the accused. The prosecution has got examined in all 18 witnesses and also placed reliance on 28 documents marked as Ex.P.1 to 28 and 7 material objects as MO.1 to 7.